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2019 Supreme(Mad) 514
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. VENUGOPAL, SENTHILKUMAR RAMAMOORTHY, JJ.
S. Malar & Others - Appellants
Versus
The Registrar General, High Court of Madras & Others - Respondents
W.P. Nos. 1124, 4090 of 2019 & W.M.P. Nos. 1344, 4572 of 2019
Decided on : 29-04-2019
For the Petitioners:K. Doraisamy, R. Singaravelu, Sr. Counsels, N. Kolandaivelu, V.S. Jagadeesan, Advocates.
For the Respondents:B. Vijay, Karthik Rajan for M/s Menon, Karthik, Mukandan, Neelakandan, A. Ansar, Government Advocate.
Headnote:
Constitution of India, 1950 - Article 226 - Tamil Nadu State Subordinate Service Rules - Rule 36(c) - Old Madras High Court Service Rules, 1955 – Rule Rules 1(h), 5(b), 14, 26 and 5(b) - Tamilnadu State Subordinate Service Rules - Rule 36(c) - Fundamental Rule – Section 9(6)(b), 18(1) to (4) ,85(1) and (2) - Madras High Court Service Rules, 2015 – Employment and Service matter - Appointed as a Copyist - Cadre - Seniority -Petitioners have filed present Writ Petitions praying for passing of an order by this Court in calling for records of 1st Respondent/High Court, represented by Registrar General in ROC.No. and further, they have sought for passing of an order by this Court in directing 1st Respondent to refix their seniority - Petitioner was appointed as a Copyist in Madras High Court Service and later was promoted as Typist, as Assistant, as Assistant Section Officer and as Court Officer/Section Officer/Appeal Examiner - Other Petitioners were also similarly appointed in various Entry Level Posts, viz., Reader/Examiner, Copyist and Typist during year - Petitioners that 2nd Respondent was appointed as Reader in Madras High Court Service and Promoted as Assistant as Assistant Section Officer as Technical Assistant and as Court Officer/Section Officer/Appeal Examiner -Held, Impugned Order dated is hereby set aside by this Court for reasons assigned in present Writ Petitions - Matter is remitted back to 1st Respondent for De novo consideration in a fair, just, valid, unbiased and dispassionate manner, of course, by providing an adequate opportunity of hearing to Petitioners by following Principles of Natural Justice - Furthermore, 1st Respondent is to consider representation of 2nd Respondent dated and Joint Representations of Petitioners dated in an objective manner, uninfluenced and untrammelled with any of observations made in present Writ Petitions - At time of consideration of representation of 2nd Respondent dated and Petitioners joint representation dated Honble Committee is also to take into consideration of fact when 2nd Respondent had not challenged promotion given to her then, whether she is entitled to claim seniority in a Retrospective or Retroactive manner or whether she is only entitled to restrict her claim for Seniority with effect from and to render a necessary finding in this regard - Furthermore, it cannot be lost sight of that Representation of 2nd Respondent dated [received on by Office of Registry] is nothing but a verbatim of earlier Representation dated addressed to 1st Respondent and this primordial aspect can be borne in mind, as a relevant material/factor as case may be by said Honble Committee, when it passes a fresh/final order - Writ Petitions are allowed. - Consequently, connected Miscellaneous Petitions are closed.
M. Venugopal & Senthilkumar Ramamoorthy, JJ.
(Prayer in W.P.No.1124 of 2019: Writ Petition filed under Article 226 Constitution of India to issue a Writ of Certiorarified Mandamus by calling for the records of the 1st Respondent in ROC.No.33077/2017-Estt.I dated 15.10.2018 and quash the same and direct the 1st Respondent to refix the seniority.
W.P.No.4090 of 2019: Writ Petition filed under Article 226 Constitution of India to issue a Writ of Certiorarified Mandamus by calling for the records on the file of the 1st Respondent with regard to the Order passed in ROC.No.33077/2017-Estt.I dated 15.10.2018 and quash the same and direct the 1st Respondent to refix the seniority of the 2nd Respondent below the Petitioners.)
1. The Petitioners have filed the present Writ Petitions praying for passing of an order by this Court in calling for the records of the 1st Respondent/High Court, Madras represented by the Registrar General in ROC.No.33077/2017-Estt.I dated 15.10.2018 and further, they have sought for passing of an order by this Court in directing the 1st Respondent to refix their seniority.
2. Summary of Facts in W.P.No.1124 of 2019 :
2.1 The 6th Petitioner was appointed as a Copyist on 26.05.1997 in the Madras High Court Service and later was promoted as Typist on 01.09.1998, as Assistant on 01.07.1999, as Assistant Section Officer on 06.01.2000 and as Court Officer/Section Officer/Appeal Examiner on 18.04.2009. The other Petitioners were also similarly appointed in various Entry Level Posts, viz., Reader/Examiner, Copyist and Typist during the year 1991-1997. In fact, the dates of appointment and the service details of the Petitioners [Including the respective promotions to various posts] during their continuous service of more than 22 years in the Madras High Court Service are as follows:
Sl
Name
Date of 1st Appt.
Appointed as
Date of Promotion as Typist
Date of Promotion as Assistant
Date of Promotion as A.S.O.
Date of Promotion as CO/SO/AE
1
S.Malar
02.07.93
Copyist
-
15.06.98
06.01.2000
27.04.2009
2
M.Rajagopal
04.07.96
Copyist
09.01.98
15.06.98
06.01.2000
20.04.2009
3
V.Geetha
09.07.96
Copyist
-
15.06.98
06.01.2000
27.04.2009
4
R.Taragalakshmi
03.03.97
Reader/Examiner
-
11.09.98
06.01.2000
27.04.2009
5
R.Jagadeesan
26.05.97
Copyist
01.09.98
01.05.99
06.01.2000
27.04.2009
6
H.Narayanan
26.05.97
Copyist
01.09.98
01.07.99
06.01.2000
20.04.2009
7
T.Mageshwaran
21.02.97
Reader/Examiner
-
16.09.99
06.01.2000
20.04.2009
8
V.Durgalakshmi
28.05.97
Copyist
-
16.09.99
06.01.2000
24.04.2009
9
A.Anbuselvi
02.06.97
Copyist
01.09.98
16.09.99
06.01.2000
20.04.2009
10
C.Usha
23.05.97
Copyist
01.09.98
16.09.99
06.01.2000
23.07.2009
11
D.Shobana
19.06.97
Copyist
01.04.99
16.09.99
12.01.2000
23.07.2009
12
R.Balasundaram
06.02.89
Jr.Asst.
-
10.08.98
09.08.2000
23.07.2009
13
J.Prabavathy
03.05.95
Reader/Examiner
-
15.06.98
15.11.2000
23.07.2009
14
T.Nirmala
10.07.96
Reader/Examiner
-
15.06.98
06.01.2001
23.07.2009
15
C.Padmanaban
20.03.97
Copyist
01.09.98
17.02.99
04.07.2001
23.07.2009
16
G.Padmini
23.05.97
Copyist
01.09.98
16.09.99
27.08.2001
23.07.2009
17
T.Sujatha
07.07.97
Copyist
-
16.09.99
27.08.2001
23.07.2009
18
P.Vasanthi
07.07.97
Copyist
-
16.09.99
05.09.2001
23.07.2009
2.2 It is the stand of the Petitioners that the 2nd Respondent was appointed as Reader on 07.12.1998 in the Madras High Court Service and Promoted as Assistant on 16.09.1999, as Assistant Section Officer on 18.08.2003, as Technical Assistant 18.03.2004 and as Court Officer/Section Officer/Appeal Examiner on 28.03.2013.
